2005/175/EC: Commission Recommendation of 1 March 2005 concerning a coordinated programme for the official control of foodstuffs for 2005 (Text with EEA relevance)
Date: 2005-03-01
Institutions: European Commission
Subjects: baby food, cheese, food inspection, food safety, labelling, leaf vegetable, poultrymeat, research method

5.3.2005

EN

Official Journal of the European Union

L 59/27

COMMISSION RECOMMENDATION

of 1 March 2005

concerning a coordinated programme for the official control of foodstuffs for 2005

(Text with EEA relevance)

(2005/175/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 89/397/EEC of 14 June
1989 on the official control of foodstuffs (1), and in particular
Article 14(3) thereof,

After consulting the Standing Committee on the Food Chain
and Animal Health,

Whereas:

It is necessary, with a view to the sound operation of the
internal market,
coordinated food
inspection programmes at Community level designed to
improve
the harmonised implementation of official
controls of foodstuffs by the Member States.

to arrange

for

safety of cheeses made from raw or thermised milk. This
investigation should be extended to other categories of
cheeses made from pasteurised milk in order to be able
to draw meaningful conclusions on the safety of these
products.

(5)

(6)

(7)

foodstuffs (3)

Council Directive 93/99/EEC of 29 October 1993 on the
subject of additional measures concerning the official
control of
laid
down in Directive 89/397/EEC.
the
official
laboratories in Member States, as referred to in
Article 7 of Directive 89/397/EEC, are to comply with
the criteria set out
in European Standard EN 45000
series, now replaced by EN ISO 17025:2000.

rules
the
It provides that

supplements

implementation of

is
The
without prejudice of all other official controls carried
out by Member States
their
national control programmes.

coordinated programmes

in the framework of

The results from the simultaneous implementation of
national programmes and coordinated programmes may
provide information and experience on which to base
future control activities and legislation,

Such programmes should place emphasis on compliance
with Community legislation on foodstuffs, which is parti-
cularly designed to protect public health and consumer
interests, and to ensure fair trade practices.

HEREBY RECOMMENDS:

Directive 89/397/EEC lays down the general principles
for the performance of official control of
foodstuffs,
to be carried out by the
including the inspections
It also
the Member States.
competent authorities of
provides for the Commission to transmit annually a
recommendation concerning a coordinated programme
of inspections for the following year.

Commission Recommendation of 19 December 2003
concerning a coordinated programme for the official
control of foodstuffs for 2004 (2), sets out certain recom-
mendations for a coordinated programme of official
controls, including the assessment of the bacteriological

(1) OJ L 186, 30.6.1989, p. 23.
(2) OJ L 6, 10.1.2004, p. 29.

1. During 2005 Member States should carry out inspections
taking samples
and controls including, where indicated,
and analysing such samples in laboratories, with the aim
of:

(a) assessing the bacteriological safety of cheeses made from
pasteurised milk (continuation of
coordinated
programme started in 2004 following the Recommen-
dation of 19 December 2003 concerning a coordinated
foodstuffs for
programme for the official control of
2004);

the

(b) assessing the bacteriological safety of mixed salads as

regards Listeria monocytogenes;

(3) OJ L 290, 24.11.1993, p. 14. Directive as last amended by Regu-
lation (EC) No 1882/2003 of the European Parlament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(1)

(2)

(3)

(4)

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Official Journal of the European Union

5.3.2005

(c) assessing safety, quality and labelling of poultry meat as

regards the use of water retention agents;

(d) assessing the safety of certain foods for infants and
young children as regards the levels for nitrate and
patulin.

the number of these bacteria should be enumerated.
When samples are taken at retail
level, tests may be
limited to the presence of Salmonella and enumeration
of Listeria monocytogenes. The samples, of 100 grams
less than 100
minimum each or of one cheese if
grams, should be handled hygienically, placed in refri-
gerated containers
to the
and sent
laboratory for analysis.

immediately

2. Although sampling and/or inspection rates are not set out in
this Recommendation, Member States should ensure that
those rates are sufficient
the
subject under consideration in each Member State.

to provide an overview of

the record sheets

3. Member States should provide information as requested
following the format of
in
to IV to help enhance the comparability of
Annexes I
results. That information should be sent to the Commission,
at the latest by 1 May 2006, accompanied by an explanatory
report which should include comments on the results and
on the enforcement measures taken.

set out

4. Foodstuffs to be analysed under the coordinated programme
laboratories
for 2005 should be submitted to official
93/99/EEC.
complying with Article
of Directive
3
However,
in Member
if such laboratories do not exist
States for certain analyses covered by this Recommendation,
Member States may nominate other laboratories providing
the capacity to carry out these analyses.

the detection of Salmonella,

Laboratories should be allowed to use a method of their
choice provided that its level of performance matches
the most recent
the aim to be achieved. However,
version of standard ISO 6785 or EN/ISO 6579 is
recommended for
the
most recent versions of standards EN/ISO 11290-1
and 2 are recommended for detection of Listeria mono-
cytogenes, the most recent version of EN/ISO 6888-1 or
2 is recommended for the enumeration of Staphylococcus
aureus and the most recent version of standard ISO
11866-2,3 or ISO 16649-1,2 is recommended for the
enumeration of Escherichia coli. Additional equivalent
recognised by competent authorities may
methods
also be used.

The overall
judgement of
States.

level of sampling should be left

to the
the competent authorities of Member

5. Bacteriological safety of cheeses made from pasteurised milk

5.1. Scope of the coordinated programme for 2005

The results of the controls should be recorded on the
model record sheet set out in Annex I.

the programme is to
The aim of
this element of
continue the microbiological
investigation started in
2004 under the coordinated programme for 2004,
which only focused on cheeses made from raw or
thermised milk, in order to cover other cheeses made
from milk submitted to a higher heat treatment than
thermisation (i.e. pasteurisation). This extension of the
coordinated programme is recommended in order to be
able to draw meaningful conclusions on the safety of
cheeses. The results of
investigation will be
analysed and provided together with the results of the
2004 survey in order to have a general overview in this
sector.

this

5.2. Sampling and method of analysis

the Member States

The investigations should concern fresh, soft and semi-
hard cheeses made from milk which has been submitted
to a pasteurisation process. The competent authorities
representative
of
should take
samples of
these products, both at production and
retail levels, including imported products, with a view
to testing for the presence of Salmonella and Listeria
monocytogenes and enumeration of Staphylococcus aureus
and Escherichia coli. If Listeria monocytogenes is detected,

6. Bacteriological safety of mixed salads as regards Listeria

monocytogenes

6.1. Scope of the coordinated programme for 2005

During recent years there has been an increase in the
consumption of ready-to-eat food, such as mixed salads
containing raw vegetables and other ingredients such as
meat or seafood. That kind of product may pose a
potential risk to public health due to the presence of
pathogenic bacteria, such as Listeria monocytogenes. The
implementation of specific hygiene measures, including
appropriate shelf
life and temperature control, are
essential to avoid growth of pathogenic bacteria even-
tually present in the products and protect public health.

of

The aim of this element of the programme is to assess
salads
safety
the microbiological
containing raw vegetables and other ingredients such
as meat or seafood, as regards Listeria monocytogenes in
order to promote a high level of consumer protection
and to collect information on the prevalence of these
bacteria in such products.

pre-mixed

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Official Journal of the European Union

L 59/29

6.2. Sampling and method of analysis

The investigations should concern pre-packaged mixed
raw vegetable salads containing meat or seafood or
other ingredients which:

with excessive added water and hydrolysed proteins
used as water retention agents in poultry meat and
poultry meat preparations.

(a) are not heat treated in the final package;

(b) need cold storage;

(c) are intended to be eaten without heat treatment or
treatment before

eaten without heat

can be
consumption.

The competent authorities of the Member States should
take samples of those products at retail level, preferably
in supermarkets, with a view to testing for the presence
and enumeration of Listeria monocytogenes at the same
time. One sample consists of one sample unit (one
unopened package). The samples, possibly taken in
proximity to the expiry date, should be placed in refri-
gerated containers
to the
and sent
laboratory for analysis. The temperature of storage
and the shelf-life of the products should be recorded
at the time of sampling and the information included in
the explanatory report accompanying the results of the
investigation.

immediately

At the laboratory, the sample should be treated in order
to ensure that all ingredients are thoroughly mixed.

The most recent versions of standard EN/ISO 11290-1
and 2 are recommended for detection and enumeration
of Listeria monocytogenes. However,
laboratories should
be allowed to use a method of their choice provided
that its level of performance matches the aim to be
achieved.

The overall
judgement of
States.

level of sampling should be left

to the
the competent authorities of Member

The results of these controls should be recorded on the
model record sheet set out in Annex II.

Article 5(1) of Council Directive 71/118/EEC of
15 February 1971 on health problems affecting the
production and placing on the market of fresh poul-
trymeat (1) prohibits the placing on the market of fresh
poultrymeat where agents that specifically promote
water retention have been used.

A recent Commission Staff Working Document
(SEC(2004) 1130) has also drawn to the attention of
Member States that although water retention agents
may be used in poultry preparations and products,
their use must be according to codes of good practice
approved by Member States or to good manufacturing
practices and with due regard to the rules applicable to
consumer protection including food labelling legis-
lation, as provided in Directive 2000/13/EC of
the
European Parliament and of the Council of 20 March
2000 on the approximation of the laws of the Member
States relating to the labelling, presentation and adver-
tising of foodstuffs (2).

The aim of this element of the programme is to verify
at Community level
implementation of
the correct
Directive 71/118/EEC as regards the use of water
retention agents in chilled and frozen poultrymeat
(chicken breast) and their use
in frozen poultry
to promote
(chicken breast) preparations
consumer protection and to check for correct labelling.

in order

7.2. Sampling and method of analysis

For sampling, analysis and calculation of results, the
competent authorities of
the Member States should
follow the analytical protocol described in Annex V.

It is recommended to focus the sampling on wholesale
supplies of frozen chicken breast as well as retail sales
of chilled and frozen chicken breast. The overall level of
sampling should be left
the
competent authorities of Member States.

to the judgement of

7. Safety, quality and labelling of poultrymeat as regards the use

of water retention agents

The results of the following controls should be recorded
on the model sheet set out in Annex III.

7.1. Scope of the coordinated programme for 2005

Recent sampling in certain Member States has shown a
significant number of products placed on the market

(1) OJ L 55, 8.3.1971, p. 23. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive

2003/89/EC (OJ L 308, 25.11.2003, p. 15).

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8. Safety of certain foods for infants and young children as

regards the levels for nitrate and patulin

8.1. Scope of the coordinated programme for 2005

testing for nitrate (foods containing carrots, potatoes
and leafy vegetables) and patulin (foods containing
apple products other
than processed cereal-based
foods).

toxicologically acceptable may pose

Foodstuffs containing contaminants exceeding the levels
which are
a
potential risk to public health, especially for sensitive
groups of the population such as infants and young
can be
children. The presence of
reduced by means of good manufacturing or agri-
cultural practices.

contaminants

and

young

children have

In order to protect public health, specific maximum
levels of nitrate and patulin in food intended for
infants
in
Commission Regulation (EC) No 466/2001 of 8
March 2001 setting the maximum levels for certain
contaminants in foodstuffs (1) and Commission Regu-
lation (EC) No 655/2004 of 7 April 2004 amending
Regulation (EC) No 466/2001 as regards nitrate in
foods for infants and young children (2).

been set

The aim of this element of the programme is to verify
that
foods intended for infants and young children
placed on the market do not exceed the maximum
levels of nitrate and patulin established in Community
legislation in order to ensure a high level of consumer
protection.

8.2. Sampling and method of analysis

The competent authorities of the Member States should
foods for infants and
take representative samples of
in particular
young children,
the foods containing
leafy vegetables and apple products
carrots, potatoes,
level, without ignoring the
at,
(if relevant), with a view to
production and import

in particular, the retail

Sampling and analysis methods set out in the following
Community legislation are recommended for the official
control of the levels of nitrate and patulin:

— Commission Directive 2002/63/EC of 11 July 2002
establishing Community methods of sampling oofor
the official control of pesticide residues in and on
products of plant and animal origin and repealing
Directive 79/700/EEC (3), as regards nitrate,

— Commission Directive 2003/78/EC of 11 August
2003 laying down the sampling methods and the
methods of analysis for the official control of the
levels of patulin in foodstuffs (4), as regards patulin.

The overall
judgement of
States.

level of sampling should be left

to the
the competent authorities of Member

The results of the following controls should be recorded
on the model sheet set out in Annex IV.

Done at Brussels, 1 March 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 208/2005 (OJ L 34, 8.2.2005, p. 3).

(2) OJ L 104, 8.4.2004, p. 48.

(3) OJ L 187, 16.7.2002, p. 30.
(4) OJ L 203, 12.8.2003, p. 40.

5.3.2005

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Official Journal of the European Union

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ANNEX I

BACTERIOLOGICAL SAFETY OF CHEESES MADE FROM PASTEURISED MILK

Member State: ______________________________

Bacterial groups/
criteria (1)

Sampling stage

Product
identification

Number of
samples

Analysis results (2)

S

A

U

Measures taken
(number and
kind) (3)

Salmonella spp.
n=5 c=0
Absent in 25 g

Staphylococcus
aureus
n=5 c=2
m=100 cfu/g
M=1 000 cfu/g

Escherichia coli
n=5 c=2
m=100 cfu/g
M=1 000 cfu/g

Production

Retail

Production

Retail

Production

Retail

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

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Bacterial groups/
criteria (1)

Sampling stage

Product
identification

Number of
samples

Analysis results (2)

S

A

P

A

≤ 100
cfu/g

U

> 100
cfu/g

Measures taken
(number and
kind) (3)

Listeria monocy-
togenes
n=5 c=0
Absent in 25 g

Production

Retail

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

unripened
soft (fresh)
cheese

ripened soft
cheese

semi-hard
cheese

(1) The number of sample units (n) to be taken may be reduced when sampling at retail level. When a reduced sampling is made this

should be indicated in the report.

(2) S=Satisfactory, A=Acceptable, U=Unsatisfactory; in the case of Listeria monocytogenes A=Absence, P=Presence. As regards Staphylococcus
aureus and Escherichia coli, the result is satisfactory if all the values observed are < m, acceptable if maximum of c values are between m
and M, and unsatisfactory if one or more values are > M or more than c values are between m and M.

(3) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in-

house control required, recall of product required, administrative penalty, court action, other.

5.3.2005

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Official Journal of the European Union

L 59/33

ANNEX II

MICROBIOLOGICAL SAFETY OF MIXED SALADS

(as regards Listeria monocytogenes)

Member State: _____________________

Bacterial
pathogens

Product
identification (1)

Number of
samples

Analysis results

Detection in 25 g

Enumeration cfu/g

Absence

Presence

<10

10-99

100-999

≥1 000

Measures taken
(number and
kind) (2)

Listeria mono-
cytogenes

(1) The product should be identified based on its main ingredients.
(2)

For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved in-house control required, recall of
product required, administrative penalty, court action, other.

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5.3.2005

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Official Journal of the European Union

L 59/35

SAFETY OF CERTAIN FOODS FOR INFANT AND YOUNG CHILDREN AS REGARDS THE LEVELS FOR
NITRATE AND PATULIN

ANNEX IV

Member State: _____________________

1. NITRATE

Sampling stage

Product
identification

Number of
samples

Analysis results (mg/kg)

<100

100-150

151-200

>200

Measures taken
(number and kind) (1)

Retail

Production

Import
(if any)

Sampling stage

Product
identification

Number of
samples

Analysis results (μg/kg)

<10

10-25

>25

Measures taken
(number and kind) (1)

2. PATULIN

Retail

Production

Import
(if any)

(1) For reporting enforcement measures it is recommended to use the following categories: verbal warning, written warning, improved

in-house control required, recall of product required, administrative penalty, court action, other.

L 59/36

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Official Journal of the European Union

5.3.2005

ANNEX V

ANALYTICAL PROTOCOL

Procedure to determine chicken or added water content and collagen-based proteins in chicken breast products

FRESH CHICKEN BREAST (CHILLED OR FROZEN)

If the chicken breast does not contain any added proteins, stabilisers, or other ingredients then the method to calculate
added water uses the official EC method for extraneous water (Commission Regulation (EEC) No 1538/91 (1)). The
minimum sample for the official method is five boneless skinless chicken breasts. The added water can be determined
from a plot of water/protein ratio against extraneous water in boneless skinless chicken breast (Figure 1). The water
protein ratio for boneless skinless chicken breast with no added water is 3,28 and for 2 % extraneous water (the limit for
boneless skinless chicken breast) the water/protein ratio is 3,40.

FROZEN CHICKEN BREAST PREPARATIONS

1.

Sample receipt and storage

1.1.

For wholesale, each sample normally consists of one 10 kg box of frozen boneless skinless chicken breast
product. For retail, a minimum of five boneless skinless chicken breasts, with the same durability date or lot
marking, should be taken.

1.2. On receipt samples should be checked to ensure that any packaging has not been damaged and that the

sample is in good frozen condition (if frozen).

1.3. On receipt the samples should be stored frozen (– 18 °C ± 4 °C) prior to analysis.

2. Object and scope

2.1. This method determines the chicken content (and added water by difference) and collagen-based proteins in
skinless, boneless chicken breast products. It involves determination of protein nitrogen, moisture, ash, fat and
hydroxyproline.

3.

Principle

3.1. The (apparent) fat-free chicken content is calculated using the protein nitrogen content and a nitrogen factor
for boneless skinless chicken breast (Section 9). If collagen based proteins have been added to the chicken
breast, then the contribution of these proteins must first be subtracted from the total protein nitrogen. The
total chicken content is calculated by adding the fat content to the fat-free chicken content. A measure of the
added water can be calculated by subtracting all the chicken components (chicken content, ash, and carbo-
hydrate) from 100.

4. Health and safety

4.1. The method uses a number of potentially hazardous pieces of equipment such as a heavy duty mincer and a

homogeniser, and the appropriate safety precautions should be taken.

5.

Pre-training requirements

5.1. Training in the use of industrially sized butchery equipment is required.

6. Apparatus

6.1.

Scales capable of weighing with accuracy better than ± 0,1 g.

6.2. Heavy-duty mincing machine and/or blender capable of homogenising frozen chicken breasts.

Note: No make of mincer is recommended, however, the mincer used should have sufficient power to mince frozen or
quick-frozen chicken to produce a homogeneous mixture corresponding to that obtained from a mincer fitted with a
4 mm hole disc.

(1) OJ L 143, 7.6.1991, p. 11. Regulation as last amended by Regulation (EC) No 814/2004 (OJ L 153, 30.4.2004, p. 1).

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6.3. Apparatus as specified in ISO 1442:1997 (BS 4401 — 3:1997), for the determination of water content.

6.4. Apparatus as specified in ISO 937:1978 (BS 4401 — 2:1980), for the determination of protein content or

equivalent.

6.5. Apparatus as specified in ISO 936:1998 1998 (BS 4401 — 1:1998) for the determination of total ash.

6.6. Apparatus as specified in BS 4401 — 4:1970 for the determination of total fat.

6.7. Apparatus as specified in ISO 3496:1994 (BS 4401 — 11:1995) for the determination of hydroxyproline.

7.

Procedure

Note: The sample must be kept frozen until analysed in accordance with paragraphs 7.1 to 7.10 (below) begins.

7.1. Remove the sample from the packaging and place in a large pre-cleaned plastic tray covered with foil to

prevent moisture loss.

7.2. Mince or homogenise portions of the sample and return to the plastic tray. Continue this process until the

entire sample has been minced/homogenised.

7.3. Using a clean large plastic spoon mix all the minced sample together taking care to ensure that all ‘drip’ is re-

incorporated.

7.4.

In the case of a wholesale sample, take a 2 kg aliquot of the sample or, in the case of the retail, take all of it if
less than 2 kg, and finely homogenise in a blender or food processor.

Note: The remaining 8 kg of the wholesale sample can be disposed of.

7.5. Take two 50 g aliquots (for DNA if required) from the 2 kg and transfer to a suitably sized container. Place the
remainder in a clean, labelled plastic bag or for convenience divide into 200 g sub-samples. Any sample that is
not taken immediately for analysis should be stored frozen.

7.6. Take a sample of the homogenised material and determine the moisture content in accordance with ISO 1442.

7.7. Take a sample of the homogenised material and determine the nitrogen content in accordance with ISO 937

(or equivalent).

7.8. Take a sample of the homogenised material and determine the ash content in accordance with ISO 936.

7.9. Take a sample of the homogenised material and determine the fat content in accordance with BS 4401 — 4.

7.10. Take a sample of the homogenised material and determine the hydroxyproline content in accordance with

ISO 3496.

8. Analytical quality control

8.1. All laboratories should analyse in every batch a suitable reference material with assigned levels of nitrogen,
moisture, fat, ash and hydroxyproline in duplicate, as a quality control check. Acceptable batches must have
a measurement within two standard deviations of the assigned value. The duplicate analyses must be
within the repeatability characteristics of the method.

9.

Calculation of results

The calculation of results has been taken from the Agency Food Surveillance Information Sheet 20/01 of December
2001, which can be found on the Agency’s website at the following address.

http://www.food.gov.uk/science/surveillance/fsis-2001/20chick

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9.1. Chicken content using the nitrogen factor

Based on Stubbs and More (The Analyst 1919, 44, 125) involves the analysis of the sample for nitrogen,
moisture, fat and ash.

The data derived from the analysis is first used to calculate the apparent fat-free meat content as follows:

Apparent Fat-Free Meat Content = Total Nitrogen/NF × 100

NF = nitrogen factor associated with the product analysed

(3,85 for lean chicken breast meat, as recommended by AMC (The Analyst, 2000, 125, 1359-1366)). Note
this factor has been found to apply to third country chicken.

The measured fat content is then added to this figure to give the apparent total chicken content.

Apparent Total Chicken Content = Apparent Fat-Free Chicken Content + fat

9.2. Added collagen protein

Hydrolysed protein from collagen can be considered to be present in a sample if the determined hydroxy-
proline is higher than that naturally associated with lean chicken breast (AMC data 0,08 g/100 g — The
Analyst, 2000, 125, 1359-1366)

The calculation for the apparent total chicken content as used above assumes that all of the determined
nitrogen is derived from the chicken muscle. If excess hydroxyproline is present, a correction is necessary.

The percent nitrogen contributed by any collagen in a sample is calculated from the hydroxyproline as follows:

COLLAGEN NITROGEN = EXCESS HYDROXYPROLINE × 1,28

The percent collagen nitrogen is then subtracted from the percent total nitrogen and the apparent total
chicken content calculated as above.

9.3. Added water

An estimate of the amount of added water can be made by subtracting the chicken content and all the added
ingredients from 100 using the following equation:

Added water % = 100 – (Apparent Total Chicken Content + Ash + Carbohydrate + Other Ingredients)

Carbohydrate = 100 – (protein + fat + ash + moisture)

Where total protein = total nitrogen × conversion factor (6,25)

From the above, the added water can be estimated as follows:

Added water % = 100 – (Apparent Total Chicken Content + Ash + Carbohydrate)

9.4. Measurement uncertainty

The average measurement uncertainty for the determination of chicken content is estimated at just less than
3 % chicken content at the 95 % confidence limit. Therefore samples can be considered to be misdescribed if
the determined meat content is 5 % less than that declared.

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